Okay, I have a question that I can't seem to find the answer to anywhere on here.

Can someone apply for the IR1/CR1 while in another country or do they have to be living within the U.S. at that time? If I can live in Canada while applying for the IR1/CR1, then that'd be fantastic! If I can't...well, that'd really throw a wrench into the works.

Anyway, help would be appreciated.

http://travel.state.gov/visa/immigrants/ty...1.html#Domicile

U.S. Domicile Is Required

You must have a domicile (residence) in the United States before we can issue an immigrant visa to your spouse. This is because a U.S. domicile is required to file an Affidavit of Support, Form I-864, and this form is required for all Spouse of a U.S. Citizen (IR-1) immigration cases.

What about Direct Consular Filing in Canada, assuming they still allow it after the changes announced today?

http://www.visajourney.com/forums/index.php?showtopic=621

Actually, you can ONLY apply from outside the US. A person who is already in the US not only can't apply, but has no need for a visa.

If the question wasn't intended to be about applying, but instead was intended to ask if you can file a petition to let your spouse apply, then the point about a sponsor needing a US domicile holds. The petitioner needs to be a sponsor via the affidavit of support, and the sponsor needs to have a US domicile. You may be able to get around that point by having a joint sponsor with a US domicile, or by arranging for a job and a place to live (effectively, a US domicile) while you are still abroad.

The requirement for a US domicile has always been a part of the affidavit of support, and I would expect that recent changes in DCF have no effect on the domicile requirement of the I-864.

• Domicile is defined as the sponsor's "principal" residence. LPRs residing abroad temporarily are considered domiciled in the U.S. if they meet the requirements of INA sections 316( and 317 and file Form N-470 to preserve their residence. U.S. citizens residing abroad temporarily are considered domiciled in the U.S. if their employment abroad meets the requirements of INA section 319((1). Sponsors who are domiciled abroad may nevertheless submit an affidavit of support if they convince the USCIS or consular official that they will reestablish domicile in the U.S. on or before the date the intending immigrant obtains LPR status. Sponsors who are U.S. citizens and who are accompanying the intending immigrant to the port of entry will be deemed to have established domicile in the U.S.; sponsors who are LPRs will similarly be deemed, unless the LPR is denied admission to the country.


http://www.visajourney.com/forums/index.ph...mp;#entry599625

My fiancee (who would be my spouse by the time we proceeded with this plan) and I would do DCF if it were still possible. According to the new thread about DCF being eliminated, NO U.S. embassies are allowing it anymore. Since that is the case, our plans have been disrupted. Not as badly as some (who have already poured lots of time and money into the process), but this definitely makes things more complicated.

Yes, what I meant wasn't necessarily about applying (poor choice of words), but the ability for my fiancee (who, once again, would be my spouse by the time we opted to do this) to petition to apply for the IR1/CR1. What I want to know is "can I (the USC) be in Canada while doing all of this, or would I be forced to remain in the United States?"

If the issue is just about maintaining a U.S. domicile, then I have a joint sponsor. You see, right now I am attending a university and have an apartment, but it's not permanent by any means. My "main" residence is also still listed as my father's house (he's the joint sponsor). Is it okay if the sponsor and joint sponsor's "principal" domiciles are one and the same or do they need to be different? I was planning on getting a new home (obviously) before we moved down to the U.S. from Canada (where I'd be getting my PhD), but that may not be in time for the paperwork.

My wife is the USC and is resident here with me in the UK - however her 'domicile' is the US because she regards herself as not having absented herself forever from the US - she has bank accounts/credit cards/pension etc and even furniture in storage in the US

She will be my sponsor although we have enough capital to satisfy the Affidavit even if she were not working - she isn't 'resident' in the US but she is 'domiciled' in the US

Domicile is different to residency

for instance, if i am resident in the US for say 5 years when I die, the UK tax people will try and get inheritance tax by saying I am 'domiciled' in the UK if I still own property and have pension/bank accounts in the UK

establishing 'domicile' is easier than un-establishing it !